David Saks: Realtor Association's Defamation Suit Against Member Headed to Trial

David Saks - Real Estate Broker - The Real Estate Mart of Tennessee, Inc. - 4040 North Watkins-Suite #4 - Memphis, Tennessee 38127 - Phone (901) 357-4663

Realtor Association's Defamation Suit Against Member Headed to Trial

Realtor Association’s Defamation Suit Against Member Andrea Geller Headed to Trial

With a defamation suit filed more than two years ago by the Chicago Association of Realtors and its CEO against a member who questioned the handling of the association’s finances heading to trial in March, colleagues of the defendant have created a legal defense fund on her behalf.

ActiveRain member Andrea Geller, a broker with The Chaz Walters Group at Coldwell Banker Residential Brokerage, raised the association’s ire in comments she allegedly made alleging “irregularities” in the association’s finances and a lack of “checks and balances” to protect the association.

Geller’s comments accompanied an Aug. 20, 2012, Chicago Agent article detailing former Chicago Association of Realtors President Bob Floss’ claims that he was “pushed out the door because I asked to see all the finances” including the salaries of CAR leadership, including CEO Ginger Downs.

CAR executives “disputed every detail” of Floss’ explanation of his removal from office, Chicago Agent reported at the time. CAR and Downs filed suit against Geller a little more than two weeks later.

The lawsuit seeks damages in excess of $50,000, alleging that as a result of “Geller’s false and malicious statements,” CAR and Downs “have suffered damage to their respective and collective reputations and have incurred costs responding to and dispelling these false statements.”

With the trial date looming, Re/Max Suburban broker-owner Jim Nelson has created a legal fund for Geller on gofundme.com, with a goal of raising $75,000.

“I do not know Andrea all that well but I am vehemently opposed to an association filing a lawsuit against [a member] for asking questions and making comments about the finances of that association,” Nelson writes on the site. “In my opinion, this is a David versus Goliath story with the association using their funds to attack an individual with limited funds.”

Since the legal fund was created on Jan. 6, 45 people have contributed more than $4,600.

Geller — who’s widely known as a speaker at industry events including Inman’s Agent Reboot conferences — thanked those who have contributed.

“The trial is only in about 60 days but it seems like it is going to be the longest 60 days of my life,” she said. “Your support means everything.”

source Jim Gibbs & The Career Institute

 

Here is the link to the original story:

http://chicagoagentmagazine.com/former-car-president-bob-floss-speaks-out-on-impeachment/

 

 

Please help Andrea:

Please contribute to her defense fund.

 

Andrea Geller (HOT PROPERTY® The Chaz Walters Group at Coldwell Banker Residential Brokerage)

===============================

Here is the link! 

 
http://www.gofundme.com/js91ys
 
Thanks so much
 
Andrea Geller, Broker Associate 
 

HOT PROPERTY® The Chaz Walters
 
Group at
Coldwell Banker Residential Brokerage
3740 N Southport
Chicago, IL 60613
t773.809.3090

www.andreageller.me

===========================================

Please Reblog this post for Andrea's defense.

Thank you,

David




David Saks



Time&Temp Memphis

Legal Disclaimer
Please be advised that:

 The information and notices contained in this blog are intended to summarize recent developments and news. The posts are presented as general research and information. These posts are not intended, nor should be regarded, as legal advice. Some blog posts concern allegations made in civil lawsuits and in criminal indictments in United States Courts. All persons are presumed innocent until convicted of a crime and proven guilty. Readers who have particular questions or who believe that they need legal counsel should seek the advice of a qualified attorney. It is neither the editor's or author's intention to create a confidential relationship or any broker-client relationship via communication from this site at any time. Please consult with your state real estate board if questions & answers in the education section conflict with the laws of your region or if you need clarification regarding their applicability or how they may govern the services that you provide.

By entering this web site, you understand the following:
When you select a link to an outside Web site, you are subject to the privacy, copyright, security, and information quality policies of that Web site. David Saks:
1.DOES NOT control or guarantee the accuracy, legality, relevance, timeliness, or completeness of information contained on a linked Web site;
2.DOES NOT endorse linked Web sites, the views they express, or the products/services they offer unless linked web sites, the views they express, or the products/services they offer endorse or support David Saks in accordance with the standards of the Tennessee Real Estate Commission and the Federal Government's laws regarding commerce and the application, solicitation and transmission of internet-related concerns, commerce or social networking;
3.CANNOT authorize the use of copyrighted materials contained in linked Web sites;
4.IS NOT responsible for transmissions users receive from linked Web sites;
5. That DavidSaks.Com is biographical & real estate related. Some links within will leave this site.
6. http://activerain.com/profile/davidsaks is internet-compliant & abides by the rules & regulations of the Tennessee Real Estate Commission, Eve Maxwell, Executive Director.
7. Unless indicated otherwise, ActiveRain does offer listings, or IDX and is provided for licensed salespersons, brokers, buyers & sellers of real property as a community & professional service.
8. David Saks is a retired / licensed real estate broker in the State of Tennessee, license #290452, and an independent contractor.
9. Information is believed to be accurate, but not guaranteed, at any realty link or document connected to the World Wide Web & viewable by anyone connected to the internet who has a web browser.
10. Brokers, buyers, sellers, agents & anyone should independently verify any information prior to submitting any offer to purchase goods & services from any link.
11. Please Visit The American Real Estate Alliance or Memphis.8k.Com for additional information regarding property issues for real estate professionals and consumers.

 

Photos © & Licensed by Nova Development

All Content Protected © 
Before you even think about
committing a real estate crime
click this red button.
Real Estate Crimes

© All Rights Reserved.

 

 

 

 

"Information generated by the Department of Justice is in the public domain and may be reproduced, published or otherwise used without the Department’s permission. Citation to the Department of Justice as the source of the information is appreciated, as appropriate."

Department of Justice Legal Policies


 

  Real Estate Crimes

 

Click "HERE" For Today's Question

 

 

TheListen Now!

David Saks Show

Saturday Nite

9pm-12am Central

University of Memphis

WUMR

 

Support
America's Hobby

Click Elvis

Mr.Saks' participation in ActiveRain ended April 13, 2015.

His blog archives will remain online.

May God bless you.

Comment balloon 31 commentsDavid Saks • January 26 2015 03:31AM

Comments

Thanks for sharing this. Wonder if they know about FUNDLY? Have a happy day, Lynn

Posted by Lynn B. Friedman, Concierge Service for Our Atlanta Sellers & Buyers (Atlanta Homes ODAT Realty Call/Text 404-939-2727 Buckhead - Midtown - Westside -- and more ...) almost 5 years ago

Thanks, Lynn.

Posted by David Saks ((retired)) almost 5 years ago

Thanks for bringing this to our attention.  I would like to see NAR, state and local association make their book available for member to review.

Posted by Richard Weeks, REALTOR®, Broker almost 5 years ago

Surely there is a better way for any Association to handle a matter like this than to sue a member. I certainly don't know any of the facts in this case, but it seems to me that a lawsuit against a member brings far more damage to an Association's reputation than anyone else possibly could. 

Posted by Margaret Woda, Maryland Real Estate & Military Relocation (Long & Foster Real Estate, Inc.) almost 5 years ago

it's always funny when association pull out the legal guns, let's see the outcome.

Posted by Michael Rasch, Michael Rasch 305-741-1819 (International Property Finder - Property Option) almost 5 years ago

Association finances are every member's business, to include salaries of employees. 

Posted by Rick Snow - Selling El Paso TX, Cool Deals on Hot Real Estate in El Paso, Texas (EXIT West Realty) almost 5 years ago

It is certainly the finance committee and the executive committee which includes the president of the association's business. The last time I saw NAR guidelines the president and the board are the boss of the executive officer.  If Floss was the president at the time someone was way out of line pushing him out the door.

Posted by Barbara Calwhite, 417-438-7387 Specializing in Relocation (Keller Williams Realty of Southwest Missouri) almost 5 years ago

If they have nothing to be concerned about, they could have ended this by allowing an audit of their finances.  Seems like "politics Chicago style" to me.  I hope that she successfully puts this Association in it's place.

Posted by Kate McQueen, Tailored service for your real estate needs! (CB&A Realtors) almost 5 years ago

Wow, this is something. I don;t think it is right, but I have no idea how this may end up in trial.

Posted by Jon Zolsky, Daytona Beach, FL, Buy Daytona condos for heavenly good prices (Daytona Condo Realty, 386-405-4408) almost 5 years ago

I will have to check our local associations rules and regs redarding how they would handle a member's request for data.  As President of the association, I think it was fair game to ask for that data. It would be interesting for Bob Floss to put in a claim for the Legal Defense Fund to see if NAR stands behind the individual or the association (preferrably - just behind what is right).

Posted by Jim Paulson, Owner,Broker (Progressive Realty (Boise Idaho) www.Progressive-Realty.info) almost 5 years ago

A lawsuit can and does mean communications have broken down big time...Long before all that, is the time to work it all out professionally. The pride and the ego makes more trouble for everyone every-time we allow it to do so

Posted by Richie Alan Naggar, agent & author (people first...then business Ran Right Realty ) almost 5 years ago

Will be following this and hope justic is served. It is time to show who is wearing white, black hats and get it all out in the light of day.

Posted by Andrew Mooers | 207.532.6573, Northern Maine Real Estate-Aroostook County Broker (MOOERS REALTY) almost 5 years ago

Amazing one who served her association with her time and talents on committees is now being sued by them  = what a shame!

Like David vs. Goliath - when you see a giant, you may feel like you will stumble, I pray God help her to see giants fall.

Sincerely,

Grace

Posted by Jeff&Grace Safrin, SpousesSellingHousesTM (F.C.Tucker 1st Team Real Estate) almost 5 years ago

The right thing for the association to do is open its books and allow its membership to review salaries and expenses.

Posted by Scott Fogleman, New Home Team (New Home Team 804-573-9592) almost 5 years ago

Thanks David for reaching out to me. The support of the real estate community has been amazing. I appreciate you posting the link to theAndrea Geller Legal Fund someone was kind enough to set up for me. The goal set is about half the anticipated costs associated with the litigation. The hard costs for depositions, motions and expert witnesses are adding up so quickly as this approaches the trial date of March 16. 

Posted by Andrea Geller (HOT PROPERTY® The Chaz Walters Group at Coldwell Banker Residential Brokerage) almost 5 years ago

Best wishes to Andrea on her journey and hopefully a successful outcome at her trial.  Let's support our fellow REALTOR in her defense fund by going to http://www.gofundme.com/js91ys as shown above and send whatever you can afford.  Andrea is one of the elites in this business and is a strong voice for the Realtor Community.  She has been actively  involved in all the hot button issues and stays current and shares everything she learns for all of us to benefit.   Show her your support by a donation of any amount.  

Posted by Barb Davis-Hassan almost 5 years ago

We're all behind you, Andrea. You possess great strength and great dedication to your profession. I believe you'll prevail and hope for your continued success.

Posted by David Saks ((retired)) almost 5 years ago

Thank you, Barb, for your support of Andrea.

Posted by David Saks ((retired)) almost 5 years ago

Thank you, Richard. Please support Andrea.

Posted by David Saks ((retired)) almost 5 years ago

Thank you Margaret, and for your support of Andrea.

Posted by David Saks ((retired)) almost 5 years ago

Thank you, Michael. Bullies won't last long in this business. Andrea will prove that with our help.

Posted by David Saks ((retired)) almost 5 years ago

Thank you, Rick. I believe so, as well.

Posted by David Saks ((retired)) almost 5 years ago

I certainly agree with you, Barbara. Thank you for supporting Andrea.

Posted by David Saks ((retired)) almost 5 years ago

Very well said, Kate, and thank you for supporting Andrea.

Posted by David Saks ((retired)) almost 5 years ago

Neither do I, Jon. Thank you and for your support of Andrea.

Posted by David Saks ((retired)) almost 5 years ago

Outstanding suggetion, Jim ! Thank you for your thoughts and support.

Posted by David Saks ((retired)) almost 5 years ago

Mediation certainly would have been best, Richie. I believe the association gambles with it's own integrity when actions such as the ones they've perpetrated are undertaken. The litigation fees are staggering and we should all support Andrea. Thank you.

Posted by David Saks ((retired)) almost 5 years ago

I certainly agree, Andrew. Many thanks for your input and support.

Posted by David Saks ((retired)) almost 5 years ago

It is truly condemnable, deplorable that Andrea would be oppressed by them in such unmitigated fashion considering her loyalty, service and dedication, Grace. Thank you for supporting her.

Posted by David Saks ((retired)) almost 5 years ago

I certainly agree, Scott. It would be the honorable thing to do, demonstrating both transparency and integrity. Thank you.

Posted by David Saks ((retired)) almost 5 years ago

To all members:

Please review the original article at this link:

Bob Floss, Former CAR President, Speaks Out on ‘Impeachment

Please reblog for Andrea.

Thank you.

David

Posted by David Saks ((retired)) almost 5 years ago

This blog does not allow anonymous comments